Legal Opinion

State ex rel. Gardiner v. Dickman

Missouri Court of Appeals

Decided June 17, 1913PublishedCited by 8 opinions

Habeas Corpus. Original Proceeding. (1) A hearing before a commission of lunacy of a person under indictment who pleads insanity is not within the meaning of a statute allowing the taking of depositions to be used upon the trial of an “action,” “issue” or “indictment.” People v. Haight, 13 Abb.

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Habeas Corpus. Original Proceeding. (1) A hearing before a commission of lunacy of a person under indictment who pleads insanity is not within the meaning of a statute allowing the taking of depositions to be used upon the trial of an “action,” “issue” or “indictment.” People v. Haight, 13 Abb. N. C. (N. Y.) 197; Ex parte Alexander, 147 S. W. 521; In re Attorney, 83 N. Y. 164; G-albreath v. Block, 89 Ind. 300. (2) The term “parties” includes all persons who are directly interested in the subject-matter in issue, who have a right to make defense, control the proceedings, or appeal from the…

1Opinion of the CourtReynolds, P. J.

A daughter of a Mrs. Miller filed an information in the probate court of the c-ity of St. Louis, in and by which it is stated that Mrs. Miller is a person “so indicted (sic) to habitual drunkenness and is of unsound mind, and incapable of managing her affairs; that she is the owner of property in the State of Missouri of the value of about $200,-0001;” that informant prays that an inquiry thereinto be had, according to the statutes in such case made and provided. This was duly sworn to by the informant. We assume that Mrs. Miller was duly served with notice of this information, as no point of…

2Cases cited10 opinions

  1. Henry v. McKerlieSupreme Court of Missouri · 1883
  2. Hunt v. SearcySupreme Court of Missouri · 1902
  3. Ewing v. Vernon CountySupreme Court of Missouri · 1909
  4. Galbreath v. BlackIndiana Supreme Court · 1883
  5. State ex rel. Peper v. HoltcampSupreme Court of Missouri · 1911

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3Cited by8 opinions

  1. State ex rel. Paxton v. GuinotteSupreme Court of Missouri · 1914
  2. In Re Trusteeship Under Last Will of MelgaardSupreme Court of Minnesota · 1937
  3. City National Bank & Trust Co. v. Davis Hotel Corp.Appellate Court of Illinois · 1935
  4. McMahon v. May Department Stores CompanySupreme Court of Missouri · 1963
  5. State ex rel. Pollard v. BrasherMissouri Court of Appeals · 1918

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